Arkansas Employment Laws for Employers

Arkansas minimum wage is $11.00 per hour for employers with 4 or more employees. (Arkansas Minimum Wage Act (U.S. DOL WHD State Minimum Wage Laws table))

“Arkansas Applicable to employers with 4 or more employees Basic Minimum Rate (per hour): $11.00”

“Effective January 1, 2021, the minimum wage in Arkansas is $11.00 per hour. The Arkansas Minimum Wage Act covers employers with 4 or more employees.”

dol.gov · labor.arkansas.gov

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Arkansas recognizes a limited public policy exception (Sterling Drug v. Oxford): an at-will employee may sue for wrongful discharge if fired in violation of a well-established public policy of the state; it does not protect merely private interests. (Dixon v. Arkansas Surgical Hospital, No. 4:07-cv-00084-GTE (E.D. Ark. Mar. 25, 2008), quoting Palmer v. Arkansas Council on Economic Educ., 344 Ark. 461, 40 S.W.3d 784 (2001), and Sterling Drug, Inc. v. Oxford, 294 Ark. 239, 743 S.W.2d 380 (1988); Harper v. Brookshire's Grocery, No. 1:03-cv-01170-HFB (W.D. Ark. Sept. 9, 2005))

“Therefore, we hold that an at-will employee has a cause of action for wrongful discharge if he or she is fired in violation of a well-established public policy of the state.”

“It does recognize at least four exceptions to the at will doctrine. These are: 1) cases in which the employee is discharged for refusing to violate a criminal statute; 2) cases in which the employee is discharged for exercising a statutory right; 3) cases in which the employee is discharged for complying with a statutory duty; and 4) cases in which employees are discharged in violation of the public policy of the state.”

govinfo.gov · govinfo.gov

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In Arkansas, the at-will doctrine does not apply when an employment agreement or personnel manual provides that the employee may not be fired except for cause; state law may provide a remedy when an employee relied on such a written promise and was fired arbitrarily. (Richardson v. City of Blytheville, No. 2:16-cv-00106-JLH (E.D. Ark. Dec. 7, 2017), citing Gladden v. Ark. Children's Hosp., 292 Ark. 130, 728 S.W.2d 501 (1987); Arkansas Department of Labor and Licensing, FAQs)

“The at-will doctrine does not apply, however, when an employment agreement or personnel manual provides that an employee may not be terminated except for cause.”

“State law may also provide a legal remedy when an employee has relied on a written promise that he will be terminated only for cause or for good reason, and was subsequently terminated arbitrarily.”

govinfo.gov · labor.arkansas.gov

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Arkansas courts do not recognize a wrongful discharge claim for breach of an implied covenant of good faith and fair dealing in at-will employment. (Harper v. Brookshire's Grocery, No. 1:03-cv-01170-HFB (W.D. Ark. 2005), citing Gladden v. Arkansas Children's Hosp., 292 Ark. 130, 728 S.W.2d 501 (1987); Posluns v. Education Management Corp., No. 4:10-cv-01294 (E.D. Ark.), citing Smith v. Southern Starr of Arkansas, 700 F. Supp. 1026 (E.D. Ark. 1988))

“Arkansas is a employment at will state and its courts do not recognize as actionable a claim for breach of an implied covenant of good faith and fair dealing.”

“To the extent that plaintiff attempts to base his claim on Arkansas’ general public policy of good faith and fair dealing, that argument has been expressly rejected.”

govinfo.gov · govinfo.gov

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Arkansas employers must give each employee, upon separation from employment, the unemployment insurance notice set out in Appendix A to DWS Rule 5 ('Notice to Employee'); the delivery method is at the employer's discretion. Employers must also keep the UI poster posted. (Arkansas Division of Workforce Services Rule 5(A)(2))

“(2) Provide the notice in Appendix A to this Regulation to each employee upon that employee’s separation from employment. The method of delivery of the notice shall be at the employer’s discretion.”

“the proposed amendments will add the requirement for employers to give an employee a copy of a notice, the form of which is set out in Appendix A to Rule 5, upon an employee’s separation from employment.”

dws.arkansas.gov · arkleg.state.ar.us

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